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(영문) 대법원 2016.07.29 2016도6638
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged in the instant case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence) and the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence), and of fraud. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical

In addition, the argument that there was a mistake or misunderstanding of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes among the facts charged in the instant case is alleged in a supplementary statement to the reasons for appeal submitted after the lapse of the period for filing the appeal, and therefore, the court below

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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